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FRY'S ELECTRONICS, INC. v. FUNNFIT

United States District Court, N.D. California
Jun 13, 2003
No. C 02-03591 CRB (N.D. Cal. Jun. 13, 2003)

Opinion

No. C 02-03591 CRB.

June 13, 2003.


JUDGMENT


The Court having granted plaintiff's motion for a default judgment as to defendants Funnfit and T. Andrews it is hereby ordered that judgment be entered in favor of plaintiff Fry's Electronics, Inc. ("Frys") and against defendants Funnfit and T. Andrews as follows:

1. Defendants, their agents, franchisees, licensees, servants, representatives, employees, attorneys, successors and assigns, and all those in active concert or participation with any of them who receive notice of such judgment directly or otherwise, are permanently enjoined from infringing on Fry's trademarks and trade name, from falsely designating the origin, sponsorship of or affiliation of their business or services, from unfairly competing with Fry's, from diluting the distinctive quality of Fry's trade name and specifically from:

(a) Using a trademark, service mark, trade name, logo, business name, computer address or other identifier or acting in any fashion which may be calculated to falsely represent that the goods and services provided, promoted or offered by defendants are sponsored by, authorized by, licensed by, or in any other way associated with Fry's, including making any use, threatening to use, claiming ownership of or registering or procuring "FRYSELECTRONICS.COM" and "FRYSELECTRONIC.COM" as an address (or domain name) or using it on the Internet or otherwise;

(b) Diluting the distinctive quality of Fry's trademarks and trade name, including the unauthorized licensing thereof; and

(c) Aiding, assisting or abetting any other party in doing any act prohibited by sub-paragraphs (a) and (b) above.

2. Defendants shall immediately cease use, threatening to use, and claiming ownership of the "FRYSELECTRONICS.COM" and "FRYSELECTRONIC.COM" domain names on the Internet and shall forfeit or otherwise give up registrations, claims and any other interest allowing defendants to use or claim rights to the use of the "FRYSELECTRONICS.COM" and "FRYSELECTRONICS.COM" address or any other address incorporating the name "FRYSELECTRONICS.COM." "FRYS," or any similar variation and they shall assign or turn such addresses or registrations over to Fry's.

IT IS SO ORDERED.


Summaries of

FRY'S ELECTRONICS, INC. v. FUNNFIT

United States District Court, N.D. California
Jun 13, 2003
No. C 02-03591 CRB (N.D. Cal. Jun. 13, 2003)
Case details for

FRY'S ELECTRONICS, INC. v. FUNNFIT

Case Details

Full title:FRY'S ELECTRONICS, INC., Plaintiff, v. FUNNFIT, et al. Defendants

Court:United States District Court, N.D. California

Date published: Jun 13, 2003

Citations

No. C 02-03591 CRB (N.D. Cal. Jun. 13, 2003)